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PEOPLE v. PEART

283 A.D.2d 14 (2001)

726 N.Y.S.2d 625

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. OTIS PEART, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL CHANG, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 31, 2001.

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Timothy W. Lewis for Otis Peart, respondent.

David J. Goldstein of counsel (Goldstein, Weinstein & Fuld, attorneys), for Michael Chang, respondent.

NARDELLI, J. P., MAZZARELLI, ELLERIN and RUBIN, JJ., concur.

OPINION OF THE COURT

TOM, J.

This case arises from a police stop in the Bronx of a car that lacked license plates. Defendant Chang was the driver and defendant Peart was the passenger.

At the suppression hearing, John Quinn, an 8½-year veteran of the New York City Police Department, testified about the events leading up to the stop and the subsequent recovery of drugs. On November 3, 1997, at about 12:35 A.M., Officer Quinn was on a plainclothes...

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